NGO regulation bill: A grave danger to Nigeria’s democracy

Abuja-Nairobi-Lagos-London, 08 September, 2017: Leading figures from the Nigerian and global academia, media, civil society, law and multi-national organizations from Africa, Asia, Europe, and North America have today called on Nigeria to withdraw the NGO Regulatory Commission Bill currently being considered by the National Assembly (federal parliament).

In a statement issued today, the 54 signatories point out that the Bill “is clearly intended to encourage the excesses of bad government”. They argue that the Bill endangers constitutional guarantees of freedom of association, assembly, speech and even of freedom of conscience and religion and “will license unconstitutional discrimination too.”

The statement recalls that “NGOs have been integral to Nigeria’s democratization”, noting that “because of the sacrifices and leadership of NGOs in confronting years of military misrule, members of the National Assembly can have the benefits and powers they enjoy today.”

The signatories conclude that the NGO Regulation Bill is “a distraction, a threat to Nigeria’s hard-won democracy and a dis-incentive to investment at a time that the country need it. It is both insensitive and unconscionable.”

To Nigeria’s National Assembly, they offer the suggestion that “this is the time for the Nigerian National Assembly to prioritize the serious business of the people by helping the country get out of its current difficulties. If it chooses this path, it will find willing and enthusiastic partners in Nigeria’s vibrant civil society and NGO community.”

The on-going attempt by the National Assembly to pass a law to control and undermine the operations of non-governmental organizations (NGOs) should be condemned by every Nigerian. In the grand scheme, this NGO Bill will create a government apparatus with ungoverned discretion to determine whether an NGO exists or for how long it will operate based on the dominant political whims of the day. As drafted, it has no place in a democracy and is clearly intended to encourage the excesses of bad government. It also violates Nigeria’s constitutional guarantees of freedom of association, assembly, speech and even of freedom of conscience and religion. It will license unconstitutional discrimination too.

NGOs have been integral to Nigeria’s democratization. Because of the sacrifices and leadership of NGOs in confronting years of military misrule, members of the National Assembly can have the benefits and powers they enjoy today. In those years, soldiers branded NGO activists as anti-government or sponsored by foreign interests to destabilize. Thankfully, these voices remain active in Nigeria today in the difficult task of keeping government in check.

The proposals in this NGO Bill suggest that Nigeria’s Honourable Members and Distinguished Senators desire to bring back to life all the intolerance and high handedness of military rule, by clamping down on voluntary organizations, stifling free speech, restricting other political freedoms and dishonouring the tremendous sacrifices that ordinary Nigerians make to sustain their civic life.

It is already public knowledge that there is an extensive body of legislation governing the activities of NGOs in Nigeria. Nigeria’s problem is not an absence of legislation but with implementing them effectively.

In September 2017, the Nigerian House of Representatives Committee on Civil Society will hold a public hearing on the Bill. Every Nigerian of goodwill should lend their voices in condemning this bill and encourage the National Assembly to withdraw it from consideration. Nothing justifies the consideration or passage of this toxic piece of legislation. Current events in other African countries should remind us of the grave danger posed by the kind of unfettered powers that this Bill seeks to grant government.

Nigeria is going through one of its most difficult times. Nigeria’s democracy is endangered. The executive is operating in disturbing levels of opacity. The reputation of the judiciary remains mired in serious allegations of corruption. Many Nigerians are suffering the consequences of negative economic growth, leading to desperate livelihood conditions. Insecurity afflicts nearly every part of the country in the form of Boko Haram atrocities, inter-communal conflicts, rising kidnappings, massive fatalities from conflicts between pastoralists and farmers, and growing number of internally displaced persons (IDPs). Poor health outcomes and indicators as a result of the continual reduction of life expectancy, increase in the incidence of malnutrition, high rate of maternal and child mortality among others.

In the face of these existential problems, this NGO Bill is a distraction, a threat to Nigeria’s hard-won democracy and a dis-incentive to investment at a time that the country need it. It is both insensitive and unconscionable. Along with other proposals such as the Bill to regulate social media content, grant amnesty to treasury looters and give immunity to legislators, it is part of a growing list of abuse of legislative powers.

It is important that the Nigerian National Assembly at this point should have an honest examination of its actions and take steps to salvage its credibility. This is the time for the Nigerian National Assembly to prioritise the serious business of the people by helping the country get out of its current difficulties. If it chooses this path, it will find willing and enthusiastic partners in Nigeria’s vibrant civil society and NGO community.

Signed:

Chief Maina Kiai, Former UN Special Rapporteur on the Freedom of Association